Hepting et al v. AT&T Corp. et al

Filing 133

MOTION to Intervene Notice of Motion and Motion for Leave to Intervene; Notice of Motion and Motion to Unseal Documents filed by USA Today, Associated Press, Bloomberg News, Los Angeles Times, San Francisco Chronicle, San Jose Mercury News. Motion Hearing set for 6/23/2006 09:30 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Declaration of Karl Olson in Support of Motion for Leave to Intervene and Motion to Unseal Documents# 2 Proposed Order Granting Motions for Leave to Intervene and Unseal Records)(Olson, Karl) (Filed on 5/19/2006)

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Karl Olson (SBN 104760) Erica L. Craven (SBN 199918) LEVY, RAM & OLSON LLP 639 Front Street, 4th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-433-7311 Attorneys for Intervenors San Francisco Chronicle, Los Angeles Times, Associated Press, San Jose Mercury News, Bloomberg News, and USA Today

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TASH HEPTING, GREGORY HICKS, CAROLYN JEWEL and ERIK KNUTZEN, on Behalf of Themselves and All Others Similarly Situated, ) ) ) ) ) Plaintiffs, ) ) v. ) ) AT&T CORP., et al. ) ) Defendants. ) ) ) ) ________________________________________ ) 1. CASE NO. CV-06-0672-VRW DECLARATION OF KARL OLSON IN SUPPORT OF MOTION FOR LEAVE TO INTERVENE AND MOTION TO UNSEAL DOCUMENTS Date: June 23, 2006 Time: 9:30 a.m. Place: Courtroom 6, 17th Floor [The Hon. Vaughn R. Walker] Complaint Filed: January 31, 2006

I, Karl Olson, am a member in good standing of the State Bar of California and

the Bar of this Court and a partner at Levy, Ram & Olson, counsel for media intervenors. I make this declaration of personal knowledge and if called as a witness I could and would testify competently to the facts stated herein. 2. Attached as Exhibit A hereto is a May 17, 2006 article from Wired News entitled

"AT&T Whistle-Blower's Evidence," which recounts in great detail the statement of former
Case No. CV-06-0672-VRW ­ DECLARATION OF KARL OLSON IN SUPPORT OF MOTION FOR LEAVE TO INTERVENE AND MOTION TO UNSEAL DOCUMENTS Page 1

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AT&T technician Mark Klein and describes a "secret room" in Room 641A at 611 Folsom Street, the site of a large SBC phone building. It describes how high-speed fiber-optic circuits come in on the 8th floor and run down to the 7th floor where they connect to routers for AT&T's WorldNet service. The article also describes attributing the information to Mr. Klein, the use of "splitters" which split off a percentage of a light signal so it can be examined. Although I have not seen the Klein Declaration and exhibits which were filed under seal, I respectfully request that the Court review the sealed Klein Declaration and Exhibits and compare it to the Wired article to see what, if any, asserted "trade secrets" of AT&T (and we do not believe there are any trade secrets) have not already been publicly disclosed in this Wired News article as well as in other press articles attached as exhibits to the Bruce Ericson Declaration. We respectfully request judicial notice pursuant to Federal Rule of Evidence 201 that the Wired News article appeared and of the assertions made therein attributed to Mr. Klein. I declare under penalty of perjury that the foregoing is true and correct. Executed in San Francisco, California on May 19, 2006.

/s/ Karl Olson Karl Olson

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Case No. CV-06-0672-VRW ­ DECLARATION OF KARL OLSON IN SUPPORT OF MOTION FOR LEAVE TO INTERVENE AND MOTION TO UNSEAL DOCUMENTS

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